도로교통법위반(음주측정거부)
The defendant shall be innocent.
1. On October 26, 2013, the Defendant: (a) around 05:31 on October 26, 2013, the Defendant was required to drive a motor vehicle Category C with four lanes above the distance prior to the running distance in four-lane 194-4 on a four-lane road in the Namyang-si Movement 194-4; (b) he was seated on the said truck driver’s seat; (c) he was found to have driven the motor vehicle under the influence of alcohol, such as smelling the Defendant, smelling the Defendant at the police box of the Namyang-ju Police Station, who was dispatched after receiving 112 report from the driver under his name unfasible, and was on the her face, and was so demanded to comply with a drinking test by inserting it into a drinking measuring instrument over 22 minutes.
Nevertheless, the defendant avoided this and did not comply with a police officer's request for a drinking test without any justifiable reason.
2. According to Article 4(1)1 of the Act on the Performance of Duties by Police Officers, protective measures against a person under relief who is likely to inflict harm on his/her or another person's life, body, and property due to alcohol constitutes an administrative compulsory performance by the police immediately, and the requirements for exercising the exercise requirement shall be strictly and strictly interpreted so that such measures can be exercised only to the minimum extent that it is inevitable (see, e.g., Supreme Court Decision 2007Do9794, Nov. 13, 2008). The term "intoxicated state" in the above provision means that the person under relief loses normal judgment or mental capacity by drinking, and whether the person under relief is a person under relief in need of protective measures under the above provision shall be determined on the basis of the average person under consideration of specific circumstances. The determination shall not be considerably unreasonable in light of the purpose and purpose of protective measures. If the person under relief can be transferred to his/her family members, etc., it is not permitted to protect the person under relief in police
On the other hand, the above provision.